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Citizenship through descent?

Discussion in 'Citizenship' started by mathteacher, Feb 21, 2019.

  1. Hi, I have been researching if it is possible to claim citizenship through descent for Canada. I have searched on these boards and google but I know it can be very particular based on certain years. I appreciate any help.

    My dad's maternal side is Canadian, with many still living there.

    Grandma: Born in 1931 to Canadian citizens in Canada (married in 1951 and lived in Michigan until death in 2008. Buried in Canada. Had US green card but Canadian citizenship).

    Dad: Born in 1953 in USA. His dad was American. He did not apply for dual citizenship as far as I know. His sister does have dual and lives in Canada. He died in 2004.

    Me: Born in 1985 in USA.

    Is it likely at all that I could possibly be approved for citizenship through descent or no because I would be considered second generation born abroad?
     
  2. Short ans is No you will not be able to get citizsnship through descent. Its only limited to first generarion born to canadian parents born outside which u r not as u dad could have claimed but he didnt even if he had he could not transfer it to u
     
  3. You need to verify this. Because your father was born to a married Canadian woman, he was eligible for a special grant of Canadian citizenship under 5(2)(b) of the 1977 Act. If he had gotten this grant anytime between February 15, 1977 and before your birth in 1985, then you would be eligible for citizenship by descent today.
     
  4. Thank you for your. Is there a department or other way that I can contact to find out for sure if he got the grant? I also saw in other threads it may depend on if his birth was registered with Canada but I haven't found a way by searching online to find records if it ever was.
     
  5. His birth could not have been registered, because he was born to a Canadian mother. Under the original Citizenship Act, only the children born abroad to a Canadian father could be registered, unless the child was born out of wedlock.

    Between 1977 and your birth in 1985, your father could have applied for a grant of citizenship (based on his birth to a Canadian mother), but that would be unlikely, since most people didn't even know of the possibility to do so. However, if you would like to find out for sure, you can have a search made of citizenship records.

    https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-0058-application-search-citizenship-records.html
     
  6. scylla and KRP like this.
  7. How is your aunt Canadian? Did she obtain it through your grandmother or was it by other means? Your Dad would have been 24 when delayed registration began, so it would have been impossible for your grandparents to have registered for him. But if he had a sister who went through the process, I'd find it hard to believe he didn't at least know it was an option.
     
  8. This whole mess is her of own creation. The hardship she and her children are suffering is of her own doing. Hope the appeal is refused. Too many snowflakes these days...
     
    canuck_in_uk likes this.
  9. Besides, why can't she sponsor her kids PR first, then obtain citizenship? She's a citizen herself, right?
     
    scylla likes this.
  10. Agreed. She absolutely can. If she had followed the rules & process, her kids would have been citizens a long time ago. She has created all of this hardship herself.
     
  11. People have this sense of entitlement, especially those who didn't have to go through the entire PR-citizenship path and became a citizen simply because their parents are citizen.

    There's a guy in Toronto who made news a couple of months ago, with very similar story, and was getting the media involved and whining multiple times a day on twitter, even the minister's office had to make some statement about it, and expedited the visitor visa for his kids so he can take them home and start PR application from there.

    https://www.ctvnews.ca/canada/citizenship-law-leaves-toronto-man-s-newborn-twins-stranded-in-kenya-1.4235182
     
  12. The applicant does not need his/her parent to register him/her during the delayed registration period; the applicant would do it him/herself. However, the OP's father was never eligible for delayed registration because he was not eligible for registration when he was born under the 1947 Act (as alphazip already stated); that is the requirement for delayed registration, and that is why 5(2)(b) of he 1977 Act was also enacted with the delayed registration period.
     
  13. #14 hawk39, Feb 28, 2019 at 8:58 PM
    Last edited: Feb 28, 2019
    The article needs to clarify how his mother got her citizenship; if she is a native-born or naturalized citizen, then he incorrectly identified himself as second generation.
     

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